KATTA PHANI KUMAR Vs. STATE

JUDGEMENT

(1.) The Criminal Revision Case has been preferred under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for short'the Cr.P.C') challenging the judgment dtd. 27/6/2008 in Criminal Appeal No.215 of 2007 passed by the learned III Additional Sessions Judge, Guntur, whereby and whereunder the conviction and sentence imposed in the judgment dtd. 25/6/2007 in C.C.No.167 of 2006 on the file of the learned I Additional Judicial Magistrate of First Class, Tenali, was confirmed.

(2.) I have heard the arguments of learned counsel for the petitioner and the learned Assistant Public Prosecutor.

(3.) Sri N.Harinadh, learned counsel, representing Sri Ch.Ravindra Babu, learned counsel for the petitioner, while reiterating the grounds of revision, argued that the evidence of P.W.1 to P.W.5 coupled with Ex.P1 to Ex.P10 and M.O.1 had not proved the guilt of the petitioner for the alleged offence under Sec. 384 of the Indian Penal Code, 1860 (for short 'the I.P.C'), and it is urged to allow the revision. Alternatively, it is submitted that the petitioner, at the time of the alleged offence was a minor. The alleged occurrence was taken place in the year 2005, nearly, 20 years have passed by. The petitioner was in jail for 92 days i.e., from 7/12/2005 to 20/1/2006 (44 days) and from 27/6/2008 to 14/8/2008 (48 days) and requested to show some lenience and sentence the petitioner to the sentence which he had already undergone.